Depositor’s Certifications Sample Clauses
The Depositor’s Certifications clause requires the depositor to formally affirm or verify certain facts or conditions related to the deposit or the underlying transaction. Typically, this involves the depositor certifying the accuracy of information provided, compliance with relevant laws or agreements, or the legitimacy of the funds or assets being deposited. By mandating these certifications, the clause helps ensure transparency and accountability, reducing the risk of misrepresentation or fraud in the transaction.
Depositor’s Certifications. The Depositor certifies that:
(A) as of such Acquisition Date, (1) the Depositor is Solvent and will not become insolvent as a result of the transfer and assignment of the Additional Receivables on the Acquisition Date, (2) the Depositor does not intend to incur or believe that it would incur debts that would be beyond the Depositor’s ability to pay as they matured and (3) the transfer and assignment of the Additional Receivables is not made by the Depositor with actual intent to hinder, delay or defraud any Person;
(B) each of the representations and warranties made by the Depositor under Sections 2.4(a) and 2.4(b), in each case, solely with respect to the related Additional Receivables, will be true and correct as of the Acquisition Date; and
(C) all conditions to the transfer and assignment of the related Additional Receivables by the Originators to the Depositor under
Section 2.1 (d) of the Originator Receivables Transfer Agreement and by the Master Trust to the Depositor under Section 2.1(d) of the Master Trust Receivables Transfer Agreement, as applicable, have been satisfied. The delivery by the Administrator, on behalf of the Depositor, of the Transfer Notice will be considered a certification by the Depositor that the conditions set forth in this Section 2.1(d) have been satisfied or will be satisfied on the Acquisition Date.
Depositor’s Certifications. The Depositor certifies that: (A) as of such Acquisition Date, (1) the Depositor is Solvent and will not become insolvent as a result of the transfer and assignment of the Additional Receivables on the Acquisition Date, (2) the Depositor does not intend to incur or believe that it would incur debts that would be beyond the Depositor’s ability to pay as they matured and (3) the transfer and assignment of the Additional Receivables is not made by the Depositor with actual intent to hinder, delay or defraud any Person; (B) each of the representations and warranties made by the Depositor under Sections 2.4(a) and 2.4(b), in each case, solely with respect to the related Additional Receivables, will be true and correct as of the Acquisition Date; and